Pritchard v. Atkinson
Superior Court of New Hampshire
Covenant broken. The plaintiff alleged in his declaration that the defendant, by deed, dated December 10, 1813, conveyed to him a tract of land in Boseawen, and by the same deed covenanted with the plaintiff that the same land was free from all incumbrances. The breach 0f the covenant assigned was a public highway laid out across the land, previously to said conveyance. The plea of the defendant traversed the existence of a highway, upon which issue was joined.
Read the full summary
Covenant broken. The plaintiff alleged in his declaration that the defendant, by deed, dated December 10, 1813, conveyed to him a tract of land in Boseawen, and by the same deed covenanted with the plaintiff that the same land was free from all incumbrances. The breach 0f the covenant assigned was a public highway laid out across the land, previously to said conveyance. The plea of the defendant traversed the existence of a highway, upon which issue was joined. The cause was tried here at August term, 1826, when the plaintiff produced the copy of a return of a highway, being the same produced…
1Opinion of the CourtRichardson, C. J.
We have, on another occasion, decided in this cause that the record of the doings of the selectmen of Boseawen in 1796 is so materially defective, that it cannot be received as evidence of a highway : and we shall now proceed to examine the question which arises upon the case as now stated, whether it might legally be left to a jury to infer that the defendant had dedicated the way to the public, from the facts, that the road was actually laid out and made in 1796, and bad been used as a public highway with the knowledge of the defendant, and without any objection on his part, from that time…
2Cases cited3 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Jackson ex dem. Martin v. PrattNew York Supreme Court · 1813
- State v. Town of CamptonSuperior Court of New Hampshire · 1822
3Cited by1 opinion
- State v. New-BostonSuperior Court of New Hampshire · 1840